Monday, August 10, 2009

[Lawsuit] Park Chan Jong: "SM, fraud against DBSK."

Note: This is from the experience and perspective of a respected lawyer OUTSIDE the lawsuit, meaning, he is not involved in the case himself but is giving his opinion on the matter.

Park Chang Jong lawyer, former member of the National Assembly, who previously dealt with big cases such as ‘Minerva’ and Park Yeon Cha case revealed his stance on the controversial DBSK Case. He is the representative of ‘Honest People’ and in a report stated that, “it is clear the contract DBSK signed with SM is a slave contract. He asserted in the case with SM Entertainment’s battle, DBSK’s company’s acts, according to the criminal law, can be considered as fraud against minors. He criticized the 13 year contract and especially stressed that it is a fraud against minors.

According to criminal law article 384, clause 1, “this type of fraud states that taking advantage of the lack of judgment minors or disabled people can have and thus, profits from is punishable for up to 10 years of penal servitude or for up to 20 million wons of penalty.

Following, SM signed a contract with DBSK who were minors, and thus were not in conditions to make informed judgments, and made immense profit.

He added that this case must be taken as a lesson in order to eradicate the slave contracts employed by many entertainment companies. He especially pointed out the injustice parts in DBSK’s contract.

He stated:

By setting the contract condition for 13 years, when the 5 members of DBSK were minors, SM took into consideration of their life as entertainers, and in result, tied them down for life

Upon cancellation of contract, required for penalty 2 times the amount of future earnings

Upon signing of the contract, did not confirm the original contract with the party

Concerning their earnings, required the album sales to exceed 500,000 copies for the parties to receive 10 million wons the next year

Further, he stated, “the criminal acts by SM can be accused not only by DBSK members but a third party and this must be an opportunity to learn lessons eradicate the slave contracts.”